excess of authority, or irregularity of proceeding, or otherwise howsoever; but any and all matters made the subject of any such hearing or determination, or included in any certificate, order, or award, and whether of retrospective or prospective operation or effect, shall be held and deemed, both at law and in equity, to have been properly submitted to the said engineer, and be taken to have been properly adjudicated upon. PRECEDENT XXX. CONTRACT FOR MAKING A (STRINGENT). 14. Engineer not to be made a party to any legal proceedings, award, 11. The said engineer shall not be made a party to or be required to defend or answer any suit, bill, claim, or proceeding at law or in equity, at the instance of the Company, or of the contractors; nor shall the said engineer be required or be compellable by any proceeding whatsoever, either at law or in equity, or otherwise, to answer or explain any matter touching or relating to any or give his certificate or award made by him, or to state or show reasons for how or why, or in what manner, or on what grounds he settled, ascertained, or determined, or omitted to settle, ascertain, or determine any matter whatsoever, nor shall he be required or be compellable in any way to state or give his reasons for any proceeding whatever which he may take or direct to be taken in or about the premises, nor shall he be required or be compellable to produce or show to any person or persons, or for any purpose what- or produce soever, any plans, drawings, or documents whatsoever, or any calculations or memoranda whatsoever in his possession or power. 12. In case the said engineer shall be put to any costs, trouble, loss of time, or expenses by or in consequence of any such suit, bill, claim, or proceeding, and shall make any claim or demand in respect thereof, such claim or demand shall be paid and satisfied jointly by the Company and contractors as expenses mutually incurred in carrying into effect and winding up this contract; and it shall be competent for either to pay for and on behalf of, and recover a moiety of such claim or demand so paid and satisfied from the other. papers. 15. If engineer be put to expense, Company and contractors to bear it equally. Either party may pay the whole, and re cover from the other half of such expenses. 16. Engineer's powers not to 13. Neither the contractors nor the Company shall have any power to revoke, annul, or interfere with the be revoked by either party. PRECEDENT CONTRACT FOR MAKING A RAILWAY (STRINGENT). Engineer, if in- 17. Submission may be made a rule of court. 18. Costs of reference in engineer's discretion. authority of the engineer; and if either party shall, in the opinion of the engineer, attempt so to do, or to hinder or delay the engineer from making any certificate, order, or award, it shall be lawful for the said engineer, if he shall see fit so to do, to proceed ex parte, and any certificate, order, or award which may be made by him thereafter shall be final, binding, and conclusive on the parties, notwithstanding any attempted revocation by either of them, or otherwise. 14. This submission to reference may be made a rule of Her Majesty's Court of at Westminster on the application and at the expense of the Company, or of the contractors respectively, pursuant to the statute in that case made and provided. 15. The costs and charges (if any) attending any such reference as aforesaid shall be in the discretion of the said engineer, and shall be paid and satisfied according to the order or award; and after the making of any certificate, order, cr award, certificates, orders, or awards, the said Court may, as often as it sees fit, refer back the matters so referred as aforesaid, or any part of them, to the said engineer, and with, upon, and subject to such directions, powers, and terms as to the said Court may seem proper. IN WITNESS, &c. (supra, p. 146.) Add schedules, and annex specifications and plans. INTRODUCTION. rances. first adopted.. AN historical notice of the forms of Assurances Forms of assu and of Precedents, a statement of the principles upon which legal instruments are framed, and a detailed account of the formal parts of deeds, will be found in the Introduction to the first volume of this work. For an account and explanation of the various When and why deeds, formerly, and now used for conveying land, of the circumstances under which they were first adopted, in which they were employed, and to which they owed their efficacy, the reader is referred to Joshua Williams' Principles of the Law of Real Property (a), a book which is in the hands of every Conveyancer: the present work deals only with such as are in use at the present day. These are for the conveyance of freeholds,-A Grant, an Appointment, holds. a Feoffment, a Bargain and Sale, and a Covenant to stand seised; for Leaseholds an assignment; and for equitable estates in copyholds an Assignment, or a Release: the legal estate in copy holds is conveyed, as will be presently mentioned, not by any deed or (a) A common conveyance of a piece of freehold land cannot be explained without going back to the reign of What used for conveying free |